P. David Musgrave and Barbara J. Musgrave - Page 23

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          supra at 250.  Petitioners have the burden of proof.  Rule                  
          142(a).                                                                     
               It is undisputed that petitioners did not timely file their            
          individual tax return for taxable year 1990.  Petitioners argue             
          that they missed the deadline "Due to exigent business                      
          circumstances".  Petitioners also argue that they, "in good                 
          faith, had no expectation that any tax was due."                            
               We conclude that petitioners have not met their burden of              
          proof.  Petitioners did not explain the "exigent business                   
          circumstances" that prevented a timely filing.  Moreover, an                
          unverified belief that no taxes are owing does not constitute               
          reasonable cause of the sort that will allow petitioners to                 
          escape the addition to tax pursuant to section 6651(a)(1).  Olsen           
          v. Commissioner, T.C. Memo. 1993-432, and cases cited therein.              
          The question is not whether petitioners thought that they owed              
          tax but whether they knew or should have known that they needed             
          to file a return.  Jackson v. Commissioner, 864 F.2d 1521, 1527             
          (10th Cir. 1989), affg. 86 T.C. 492 (1986); Olsen v.                        
          Commissioner, supra.  Consequently, we hold that petitioners have           
          not established reasonable cause for their failure to file timely           
          their 1990 tax return.  Accordingly, petitioners are liable for             
          the section 6651(a)(1) addition to tax relating to their tax                
          liability for taxable year 1990.                                            
               Section 6662(a) imposes a 20 percent penalty on the portion            
          of an underpayment of tax that is attributable to, inter alia,              




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